Legal Opinion · Dissent

Society of Separationists, Inc. v. Guy Herman, Judge of the Travis County Court at Law

Court of Appeals for the Fifth Circuit

Decided August 28, 1991No. 90-8660Published

1DissentGarwood, Circuit Judge

I respectfully dissent.

I join my colleagues in their reverence for our nation’s Constitution. And I accordingly believe that what the Constitution says on the subject of oaths and affirmations should be at least the starting point for our consideration. The Constitution speaks to this subject in several places, most prominently in clause 3 of Article YI:

“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation to…

2Cases cited11 opinions

  1. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  2. Golden v. ZwicklerSupreme Court of the United States · 1969
  3. Torcaso v. WatkinsSupreme Court of the United States · 1961
  4. Robert G. Rocky v. John T. King, Secretary of Louisiana Dept. Of CorrectionsCourt of Appeals for the Fifth Circuit · 1990
  5. William (Bob) Brown v. Wiley C. Edwards and All Other Constables in the State of MississippiCourt of Appeals for the Fifth Circuit · 1984

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